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EEA residence permit holder-absent from the UK

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melodie07
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Posts: 1
Joined: Fri Nov 30, 2007 10:28 pm

EEA residence permit holder-absent from the UK

Post by melodie07 » Fri Nov 30, 2007 10:34 pm

Hi guys,

I am a spouse of EEA national and have a residence permit from UK.
My residence permit expires in 2009 and I moved out of the UK with my husband in 2006.

We are planning to go back to UK at the end of 2008. Do I need to reapply family permit or I can use my existing residence permit as it is not expired yet?

Is it also possible to renew my residence permit once I am in the UK?

Thanks

vinny
Moderator
Posts: 33343
Joined: Tue Sep 25, 2007 8:58 pm

EEA residence permit holder-absent from the UK

Post by vinny » Sun Dec 02, 2007 12:00 am

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Re: EEA residence permit holder-absent from the UK

Post by Directive/2004/38/EC » Sun Dec 02, 2007 6:59 am

melodie07 wrote:I am a spouse of EEA national and have a residence permit from UK.
My residence permit expires in 2009 and I moved out of the UK with my husband in 2006.

We are planning to go back to UK at the end of 2008. Do I need to reapply family permit or I can use my existing residence permit as it is not expired yet?

Is it also possible to renew my residence permit once I am in the UK?
How long were you living in the UK?
Did you have a "Residence Card" or some other form of residence permit?
Have you maintained a regular presence in the UK since 2006, or have you been totally absent from the UK during this time?

I believe that normally the rule is that absences of more than 6 months mean you may not be resident any more. Sometime in 2006 to end of 2008 is about two an a half years, so it may depend on how often you were in the UK.

It could be somebody will ask you to reapply for a Residence Card. But you have a legal right to be here with your husband, and the Residence Card is only a way of showing people you have that right. An application for another residence card should be pretty straight forward.

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